Introduction:
The upcoming presidential election of 2023 is the last electoral process to be conducted under full judicial supervision in accordance with the 2014 Constitution. The new constitution adopted a system of independent management of elections, ten years after its issuance, as a transitional phase ending in mid-January 2024.
Judiciary being responsible for election supervision has been the only solution proposed to confront popular distrust in the elections in Egypt, with widespread fraud in most of the electoral processes, to which people responded with widespread reluctance to exercise their right to vote. Judicial rulings have accumulated to partially invalidate the elections in some circuits, or completely in some other cases. For decades, the Parliament has protected itself from judicial rulings with the rule: “the Council is the master of its own decisions”, since its law gave it the right not to enforce judicial rulings invalidating the membership of representatives whose elections were ruled invalid in their circuits. However, assigning the judiciary to supervise the elections was not easy, and rather surrounded by ambiguity, where the judiciary intervened more than once to set legal controls for that supervision.
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Full Judicial Supervision on Presidential Elections Between concept and application